North Carolina Workers' Compensation Lawyers Blog

As politicians and lobbyist gear up for the attempt to slash benefits for injured North Carolina workers, the recession has actually resulted in insurers returning premiums to employers, according to the Insurance Journal.

Our North Carolina workers' compensation lawyers urge you to contact your lawmakers, tell them you are against increasing insurance-company profits at the expense of hard-working Carolina families. It's an issue that is easy to ignore until it happens to you or your family.

In an earlier post to our North Carolina Workers' Compensation Lawyers' Blog, we reported on the plan to slash workers' compensation benefits. The industry relies upon a flawed study while the true cost of North Carolina benefits ranks the state near the middle of the road in terms of cost to employers.

Premiums have been returned as employers lower the amount of insurance, or need less insurance for fewer employers. As the premiums paid to agents dwindles, insurance companies continue to look for other ways to turn a profit.

They have apparently decided taking money from injured workers in a good business move. Add your voice by standing up for some of our most vulnerable Carolina families.

Continue reading "Profit squeeze has North Carolina companies looking to take workers' compensation benefits from injured employees" »

The rights of North Carolina's injured workers is under attack, even as the nation celebrates the 100-year anniversary of workers' compensation in the United States.

Our North Carolina workers' compensation attorneys continue to report on efforts by the insurance industry and the Chamber of Commerce to slash benefits to workers who are seriously injured on the job. These vulnerable families would face an even bleaker future while insurance companies rake in even fatter profits.

Recently we reported on our North Carolina Workers' Compensation Lawyers Blog about proposed cuts to injured workers' benefits in North Carolina. And we continue to urge you to contact your North Carolina lawmakers and tell them fat campaign contributions do not justify failing to protect some of our most vulnerable families from the worst form of corporate greed.

In 1911, Wisconsin was the first state to pass a workers' compensation law in response to the demands of the Industrial Revolution. Eight other states quickly followed and 36 more had laws in place by the end of the decade. While the crocks of moonshine may have disappeared, not much else has changed when it comes to the comfortable relationship North Carolina lawmakers have with insurance lobbyists and big business interests.

According to a history published on Workers Compensation.com the International Association of Industrial Accident Boards and Commissions was charged with deciding 2 million accident claims in the nation's workplace. When they met in the fall of 1945 at a Winston-Salem hotel, a champagne fountain flowed in the middle of the room amid crocks of moonshine decorated with color paper. And the attorneys and lobbyists representing employers and the workers' compensation insurance industry mixed comfortably with the decision makers.

The voices too often left out of the process are those of injured workers and their families. Rise up and let yours be heard. It may just be your future benefits or the benefits of someone in your family that you help save.

Continue reading "North Carolina workers' compensation benefits rely on the voice of the voters" »

CBS 2 News is reporting that an employee at the Sherwin-Williams plant has been injured in a Greensboro, North Carolina work accident.

Our workers' compensation lawyers in Greensboro, Winston-Salem and Charlotte understand the devastation serious burn injuries can cause. In this case a flash fire is blamed for the accident. In such cases, a family should contact an experienced attorney immediately to discuss their rights -- either at home or in the hospital.

Burn injuries can lead to infection, scarring, disfigurement and long-term health complications.

In this case, the employee at the State Coach Trail facility suffered burns to his face and arms and was taken to Moses Cone Hospital for treatment. The Bureau of Labor Statistics reports workplace fires or explosions killed 113 employees in 2009.

The preliminary investigation suggests vapor ignited but cause of the accident remains under investigation. Fire crews responded to help ventilate the building; the report indicates the building's ventilation system kicked on shortly after the fire started. Poor ventilation is a leading cause of fires or explosions in the workplace. Exposure to harmful substances or chemicals is another danger that can be exacerbated by poor ventilation.

Continue reading "Fire at Sherwin-Williams plant leads to Greensboro work accident" »

The Workers' Compensation Research Institute, a Massachusetts-based outfit that has produced a questionable report about the high cost of North Carolina workers' compensation claims, is denying any advocacy of benefit reductions, the Insurance Journal reports.

Our North Carolina workers' compensation lawyers in Raleigh, Charlotte, and elsewhere in the state continue to make voters aware of plans by state lawmakers and the insurance industry to drastically reduce the benefits available to workers who are seriously injured on the job. Such benefits help pay for medical and rehabilitative care and support families. Without it, families would face financial ruin and the responsibility for providing basic care would fall to taxpayers through programs like Social Security and welfare.

Recently we published articles on our North Carolina Workers' Compensation Lawyers Blog urging voters to contact their lawmakers and outlining proposed cuts to workers' compensation benefits in North Carolina.

The so-called "reform" is nothing more than a handout to big business and insurance companies by the lawmakers they paid to elect. Unless you make your voice heard, the insurance industry will avoid paying millions in legitimate claims at the expense of tax payers and hard-working families.

"Right now corporations and insurance companies are lobbying the legislature to cut benefits to injured workers," said Dirk Taylor, chief executive officer for the Advocates for Justice, a group of attorneys trying to stop the legislation on behalf of injured workers. "Under their proposal even if a worker is injured on the job and continues to be totally disabled, his or her workers' compensation will end after 500 weeks."

That may sound like a lot, but it's not. It's less than 10 years. Those who suffer critical injury, such as paralysis, would face an even bleaker future just so that insurance companies could reap even bigger profits.

While the report found North Carolina workers' compensation claims were more costly than in 16 other states, it is misleading because North Carolina does not even cover many minor workplace accidents. The claims it does cover, therefore represent more serious injuries. When ranked by cost of workers' compensation insurance, North Carolina runs right down the middle of the road, ranking 23 of 50 states in 2010 and 22 of 50 states in 2008.

Continue reading "Flawed research used to push bogus North Carolina workers' compensation "reform"" »

A grassroots educational campaign is underway to educate the public on lawmakers' plans to reduce the rights of workers injured in North Carolina at the request of the insurance lobby and the North Carolina Chamber of Commerce, which represents business interests.

Our Charlotte workers' compensation lawyers urge voters to contact their lawmakers and make their opposition heard. Without complaint from those whose benefits will be taken away -- and those who cast their votes-- politicians will repay campaign contributions by cutting the critical benefits injured workers rely upon to care for themselves and their families.

The insurance industry wants to:

-Cut off benefits after less than 10 years, even for severely injured workers, such as those who have been paralyzed.

-Force injured workers back to work in low paying jobs with few benefits and little chance for advancement.

-Shift the cost of caring for such workers to taxpayers, through programs like Social Security, Disability, Medicaid and Medicare.

Even if you are not injured. Even if you have no experience with the life-line of workers' compensation benefits, it should give every voter in North Carolina pause when they stop and realize that these people are still going to need basic benefits with which to survive. Instead of those benefits being paid by the insurance companies making millions in profits from selling workers' compensation insurance, the insurance and business industries want you, the taxpayer, to foot the bill.

We posted a letter on our North Carolina Workers' Compensation Lawyers Blog recently. And we urge each and every one of you reading this to take a moment to send a letter or make a call to your lawmakers. You never know, it could be your future benefits or the benefits of a loved one that you are protecting.

Here you can find contact information for North Carolina lawmakers in your area.

Continue reading "North Carolina lawmakers seek to slash care for injured workers -- push burden onto taxpayers" »

For those who are injured on the job, North Carolina workers' compensation benefits are a lifeline that often keeps a family in their home, keeps food on the table, provides medical care and rehabilitation services, and helps ensure you and your family have the financial resources to work toward recovery.

Our Charlotte workers' compensation lawyers want you to know that your elected lawmakers and the big money lobbyists that pay for their elections would like to take some of those rights away from you. In a Democracy, that will almost surely happen, unless protest from the masses force the politicians to do the right thing.

Here you can find the North Carolina lawmakers that represent your area. Below is a letter we sent out to clients and friends. Write and/or call your lawmaker and tell him to put the people of North Carolina first.

Dear Mr/Ms

I am writing you today as your attorney because the North Carolina Legislature is considering new legislation to reduce workers' compensation benefits.

Your state representatives are being pressured by insurance company lobbyists and the NC Chamber of Commerce to reduce benefits to injured workers. One of the changes being pushed is placing an artificial cap on the number of weeks of weekly compensation benefits an injured worker can receive.

That would allow weekly compensation benefits to be stopped even if someone is still disabled. Another change being considered is forcing injured workers to take any type job they can find if they can not return to the job they were doing when they were injured.

An example of this would be a teacher, electrician, construction supervisor or any other worker being forced to take a Wal-Mart greeter job. The loss of income claim resulting from the job change would be capped. Several other reductions to benefits are being considered. Therefore, it is extremely important that your State House Representative and State Senator hear from you now.

I ask that you call and write your Representative and Senator and ask them to vote against any new laws that reduce workers' compensation benefits to injured workers. These new laws will probably pass if legislators don't hear from the people they represent. When you contact your representatives, please tell them how important your workers' compensation benefits are to you and your family.

Let them know what the impact would be on you if your workers' compensation benefits were reduced or stopped. Tell them about your injury and how it has affected you. Tell them not to give in to the insurance company lobbyists who want them to put profit before injured people. You can also ask your family members and friends to call and write. If you are not able to speak with your representatives when you call, please leave a detailed message outlining your concerns.

Continue reading "Contact your Lawmakers -- Stop reduction in North Carolina workers' compensation benefits" »

It was at a recent Latino worker health and safety summit in Houston that Secretary of Labor Hilda Solis revealed a grim statistic - each day in the U.S. 14 workers are killed by simply doing their jobs. That translates into roughly 5,000 fatal workplace accidents each year.

Overwhelmingly represented among the injured and killed, Solis noted in a 2010 Houston Chronicle editorial, are Latino workers.

Our injury attorneys in Charlotte know that undocumented workers, particularly Latinos, often take on some of the state's most dangerous jobs, and they do so with the least amount of schooling regarding workplace hazards and workplace safety.

Couple this with a language barrier that makes effective communication challenging, and discrimination common, and these workers are among the least protected (and among the least aware that the law protects them) of any demographic in our labor force.

Considering that a recent Pew Hispanic Center survey ranked North Carolina ninth in the country for undocumented residents, what at first glance seems a national issue really hits much closer to home. Currently it is estimated that there are 350,000 undocumented workers living and working in North Carolina, the bulk of them Hispanic.

At the Houston summit, Solis noted that the Department of Labor is hoping to change the odds for Latino workers. "Our focus at this summit is ensuring that all workers understand they have a right to a safe workplace, that they know what hazards they might face on the job, and that they have a clear sense of how a safe workplace is supposed to look," she said.

They have a right, Solis said, to contact OSHA, or talk to their boss about unsafe working conditions. They have a right to safety equipment and to proper training. They have a right to pursue any of these avenues without fear of retaliation. Perhaps most important, Solis said, "every worker needs to know that he or she has the right to come home alive at the end of the day."

Two-days of workshops primarily targeted Latino worker safety issues, and bilingual educational efforts regarding rights of workers and responsibilities of business owners. "Far too many Latino workers have needlessly lost their lives just trying to earn a living, and it must stop," said Assistant Secretary of Labor Dr. David Michaels.

It is his hope that summit will "shine a spotlight on the hazards and challenges faced by the vulnerable sector of the nation's workforce so we can begin crafting new, badly needed strategies to prevent thousands of injuries and deaths every year."

Continue reading "North Carolina Latino workers at high risk of work accidents" »

Our injury attorneys in Charlotte and Carolina workers' compensation attorneys know that while nearly half of all auto worker jobs can be found in just three states - Ohio, Michigan and Indiana - more and more auto makers are transplanting efforts in the South, the Carolinas included.

The Charleston Regional Business Journal reports that nearly 5.5 percent of jobs and 10 percent of South Carolina's economic output is tied to the automotive industry. And, according to the new state commerce secretary, increasing numbers in both the automotive and manufacturing sectors "will be a priority for the commerce department".

State officials hoping to lure more automotive job creators to South Carolina say that doing so is the best way to stimulate the state's job market, particularly for small businesses. The note that one "direct automotive job" leads to an additional 4.5 supporting jobs. Both Greenville and Spartanburg are among the top 10 counties in the state boasting employment in this industry.

It appears that the South Carolina commerce secretary may be on to something. AOL Jobs reports that the auto industry - a sector among the hardest hit by the recession - may now finally be facing a reversal of fortune. In part, the return of the auto worker era is linked to an aging auto worker pool that will need to be replenished by younger, qualified workers.

There is also the bounce back. As the auto industry gets back to pre-recession reality and begins to hire more aggressively, there will be a need for more auto industry workers to fill those positions.

With more jobs, of course, comes a better financial health for Carolina workers. The Bureau of Labor Statistics reports that production and workers in non-supervisory automotive industry roles earn relatively high wages - among the highest pay in the nation in fact. Pay rates for this industry span $14 to $39 per hour, depending upon the degree of skill, education and experience a worker brings to the job. Pair that high pay with a generous benefits package and union membership perks, and automotive manufacturing positions offer a boon to the struggling Carolina workforce.

With that said production workers are required to do more than their fair share of heavy lifting and regularly use dangerous high-performance machinery. Working conditions also expose workers to repetitive motion, loud noise, heat and toxic fumes. Because of these factors, automotive industry workers face a higher rate of injury than most other sectors; although recent efforts have done much to create a more ergonomic and user-friendly work environment.

Protecting our workforce means the emphasis must also be on preventing Carolina work accidents, not just creating jobs.

Continue reading "Work safety paramount in Carolina's quest for more auto worker jobs" »

Our workers' lawyers in Charlotte note a recent lawsuit involving a Texas crane operator who was fired after he told his employers several times that a crane lift was unsafe.

Bloomberg reports the two companies named in the suit claim he was fired for "disruptive behavior". The plaintiff contends he was removed from his post after raising safety and health complaints. Both the Greenville, S.C. general contractor and the Louisiana outfit co-named in the suit agreed to provide a "neutral" employment reference, purge firing information from his personnel file, and repay the terminated worker back wages in the amount of $17,500.

The U.S. Department of Labor reports that a second South Carolina company was ordered in November 2010 to pay more than $66,000 to a former employee who was terminated after approaching local management and two state agencies citing asbestos exposure. Based on his complaint an investigation revealed that his employer, a Realty firm, was in violation of asbestos control standards. The company employs 50 in jobs pertaining to various aspects of property management and maintenance.

Both North Carolina and South Carolina have enacted whistleblower protection laws for public- and private-sector workers that prohibit employers from discriminating against an employee who reports an OSHA violation or a violation to any other state or federal law, or witnesses a fraud. In both states remedies include back pay, attorney's fees and reinstatement among a host of other restored benefits and rights.

An employee may turn to OSHA to file a whistleblower complaint if a worker believes an employer has "retaliated" against them after raising concerns regarding the following:
~ Workplace safety and health.
~ Public transportation agency security.
~ Asbestos in schools.
~ Corporate fraud and SEC regulations.
~ The environment.
~ Nuclear safety.
~ Commercial motor vehicle, railroad, air or pipeline carriers.

With that said, at least one University of North Carolina local government law blogger suggests ensuring a worker is protected under the state's whistleblower protection act is more challenging than the letter of the law dictates.

Continue reading "Carolina whistleblowers find protection from employer retaliation when reporting unsafe conditions" »

A mail carrier was attacked by a pit bull while delivering mail to its owner in Gaffney late last week, Fox Carolina reports. The owner was moving the dog from the front yard to the back to prevent the dog from having access to the mail carrier. Later, she told police she was moving the dog because it has an aggressive history.

During the transition, the owner lost control of the dog. The dog then pounced upon the 52-year-old, female U.S. postal worker, breaking several of her bones. The owner says she can no longer care for the dog and plans to have it euthanized.

The American Veterinary Medical Association reports that as of 2007, more than 72 million Americans - or 37 percent of U.S. population - has at least one dog living in the home. With that in mind, our injury attorneys in Charlotte know that on average, 16 people are killed each year in the U.S. by dog attacks.

Whether a dog is roaming free on a public street, or chasing a ball across their own backyard. Whether that pet is at home, on a walk or at a park, or chilling at their master's office. Regardless of time, place or circumstance, it is the responsibility of pet owners to protect the public from an aggressive pet.

And if you are one of the million of delivery and service workers whose job requires regular access to people's homes and yards; both the pet owner and your employer share responsibility (as do you of course) to make any encounter with a pet a safe one.

According to the Centers for Disease Control, about 4.5 million people are bitten by dogs each year; 20 percent of them - or 885,000 - require medical attention. In 2006 alone, more than 31,000 people underwent reconstructive surgery due to a dog bite. Children aged 5 to 9 are most likely to be bitten (generally in the face and neck areas), followed by adult males and pet owners.

For parents who wish to teach children how to behave around strange dogs, the American Kennel Club recommends sharing the following safety tips.

BEFORE YOU PET A DOG:
~ Always ask permission of the owner first before touching a dog. Approach them s-l-o-w-l-y. (Sudden movements can startle even the most otherwise friendly pups, triggering a defensive posture.)
~ NEVER approach an unleashed, unattended dog.
~ Once you have been granted permission to pet a dog, extend a closed fist (back of the hand upward) slowly toward the nose of the dog. Allow him or her to sniff your hand.
~ After allowing the dog to sniff your scent, gently stroke or pet the dog under the chin or chest.

IF A LOOSE DOG APPROACHES YOU:
~ Stand still and keep quiet. (Screaming may agitate a dog.)
~ Cross your arms over your chest.
~ Avert your eyes. (Dogs take direct eye contact as a challenge.)
~ DON'T run! Walk away.
~ If a dog knocks you down, roll into a ball and use your arms to cover and protect your face and neck.

HOW TO TELL IF A DOG IS FRIENDLY:
~ Hair will be flat or smooth along the spine.
~ Tail will be down or wagging.
~ It may appear to be "smiling"(mouth and lips open, tongue may be out).

HOW TO TELL IF A DOG IS UNFRIENDLY:
~ Expression is a snarl (lips scrunched back, teeth bared).
~ Hair along the spine will be raised.
~ Ears may be pinned back.
~ Dog may growl, snarl or bark.
~ Dog may appear to be prepared to lunge or pounce.

Continue reading "South Carolina dog attack illustrates risk of work injuries" »

Our workers' compensation attorneys in Greenville know whether you are at work, running errands, or at play, this season's exceptionally snowy weather puts all Carolina residents at increased risk of sustaining an injury. Icy sidewalks are among the most dangerous slip-and-fall hazards. Match frozen streets and highways with poor visibility and you've got a perfect recipe for car accidents in the Carolinas.

WCNC-NBC Charlotte reports that during last week's icy weather, between falling ice and falling pedestrians, emergency responders answered 56 calls regarding snow-linked Charlotte-area injuries. Heavy snow, sporadic power outages, falling ice and slick streets and sidewalks made for hazardous travel for residents and challenging clean-up efforts for transportation workers.

Star News reports that Carolina law enforcement responded to more than 100 weather-related Carolina car accidents last Monday alone. As winter storms snarled both air and road travel, schools closed and business- and homeowners hunkered down to weather the weather, Gov. Bev Purdue issued a state of emergency as conditions deteriorated.

The Occupational Safety & Health Administration recognizes that while most workers are office- or home-bound during stormy weather, emergency responders, government and military personnel, law enforcement and utility and sanitation workers are often called to duty during the worst times to travel safely. With that in mind, employers have an obligation to keep their workers - and the public - out of harm's way regardless of the weather. Preventing a Carolina injury accident should be the first order of business when a storm is approaching.

OSHA notes that 25 percent of all injuries sustained during winter storms result from exposure and another 70 percent are caused by weather-related car accidents. Injuries typical for winter storm weather include:

~ Car accidents, carbon monoxide poisoning, slip-and-fall accidents, sprains and strains.

~ Frostbite and hypothermia, being struck by falling objects (icicles, overburdened tree limbs), being trapped or crushed from a roof collapse.

~ Dehydration, exhaustion, heart attacks.

~ Burns and electrocution.

The Injured Workers Insurance Fund reminds us that everyone is a pedestrian at some point during the day. IWIF recommends that aside from a heightened sense of awareness regarding slick surfaces, Carolina workers and residents review the following safety tips before heading outdoors:

~ First and foremost: assume all wet-looking or dark patchy spots on any ground surface are icy.

~ Dress appropriately: wear footgear that provides traction and keep in mind that wearing a heavy coat can help pad a fall.

~ Be particularly cautious when entering or exiting a vehicle or building. Use designated walk paths. Walk slowly, and take short shuffling steps. Keep your hands free and your arms extended to help you maintain your balance.

~ If you do feel yourself falling, try to avoid landing on your spine or a joint (knee, wrist, elbow). Do you best to relax - tensing up will only exacerbate an injury - and try to land where you have natural cushioning.

Continue reading "Crazy winter weather increases risk of North Carolina work accidents, slip and fall injuries" »

As our Carolina workers' compensation attorneys noted in a previous post to our North Carolina Workers Compensation Lawyers Blog, job prospects across North Carolina have been slim-to-none, with unemployment creeping up to 9.8 percent in December. Unfortunately for South Carolina, prospects are equally dismal. WSPA-7 reports, the unemployment rate crept up a notch last month, reaching 10.7 percent.

With that said, the state's Department of Employment and Workforce director said the private sector saw a gain of 800 jobs and the addition of 200 jobs in manufacturing. December was the fourth month in a row to see an increase in employment.

During 2009, 73 South Carolina workers were killed in fatal workplace accidents, the South Carolina Occupational Safety & Health Administration reports. Nearly 40 percent of all work-related deaths (29 fatalities) were linked to traffic crashes. Assaults or violent acts committed at work were the second leading cause of death for South Carolina workers, claiming 12 and representing 16.4 percent of all fatal workplace injuries. Eleven people were killed after being struck by a dropped object or a piece of equipment and 10 South Carolina workers were killed by falls on-the-job. Another 9 workers died from exposure to harmful substances.

In 2010, the Occupational Safety & Health Administration issued 3,092 safety violation citations and levied more than $671,735 in penalties across 10 South Carolina industry sectors from Transportation to Real Estate. As is the case in North Carolina industry, Construction, Manufacturing and Service were the sectors receiving the most citations. Citations, inspections and assessed penalties are further broken down as follows:

Agriculture, Forestry & Fishing (crop production to fishing, hunting and trapping):
Number of citations: 23
Number of inspections: 10
Penalties assessed: $3,765

Mining (metal, non-metals, coal and oil/gas):
Number of citations: 0

Construction (general contractors to special trades)
Number of citations: 1,723
Number of inspections: 993
Penalties assessed: $333,072

Manufacturing (food and kindred products to textiles to photographic, medical and optical goods)
Number of citations: 1,097
Number of inspections: 192
Penalties assessed: $294,965

Transportation, Communication, Electric, Gas & Sanitation Services (U.S. postal service to transit and rail systems)
Number of citations: 28
Number of inspections: 12
Penalties assessed: $7,503

Wholesale trade (durable and non-durable goods)
Number of citations: 6
Number of inspections: 3
Penalties assessed: $490

Retail trade (garden supply to home furnishings)
Number of citations: 38
Number of inspections: 9
Penalties assessed: $8,345

Finance, Insurance & Real Estate
Number of citations: 19
Number of inspections: 4
Penalties assessed: $1,180

Services (personal services to motion pictures to automotive repair)
Number of citations: 118
Number of inspections: 41
Penalties assessed: $14,670

Public Administration (general government to national security)
Number of citations: 40
Number of inspections: 18
Penalties assessed: $7,745

Continue reading "SC employers tagged with $670,000 in worker safety violations in 2010" »